Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-04-24
iNFOR NATION
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OWNERS AND LOcATORs
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Ia M n ~r WV
MI u M Il. -
APPLICATION FOR PATENT. =

APPLICATION FOR PATENT
Where papers have once been fled with N.
Register and Receiver they become a pa,, -
the record, and can neither be withdrawn NJ.
erHl Land ONCE. "on
An application will be rejected when the
scription OF the premises 10 erroneous or
sufficient.
| Application for patent will be yeiect.d l..
cause: W
First The notice was published witbon, -.
knowledge of the Register.
second-The notice was not published in
claim.
Third-Record title was found defective
and 0uVs'
Fourth-A previous application had bas,
made for the same premises, which was w,.h
drawn pending q suit in Court commencad hr
the adverse claimant.
An application for patent will be reiect.a
when the survey does not accurately de6ns ~
boundaries OF the claim.
Where the claim was not located In .c.o.,
ance with law.
Where several parties own separate and A.
tinct portions Of . claim. application for
patent may be made by either for IN AZ nn..i
Of the claim owned by him; but wbers o o.ao
parties own undivided interests la . m,nana
claim all should join In all application for
patent.
A person or association may purch.s.
many placer locations 81 the local law admits
and embrace them all in one application for
patent.
Two or more lodes cannot be embracaa a,
one application Tor q patent except for placer
claims embracing two or more lodes withtn
their boundaries
Papers sworn to before any person purport.
ing to act ss q deputy for the Register and Re-.
ceiver cannot be recorded a. evidence.
In all patents for mining claims s,tu.taa
within the interior boundaries of a town si,a
. clause Is inserted excepting and exolnaine
sl town property, rights upon the surface.
and all houses, buildings. structures, lots.
blocks, streets, alleys or other municipal inn
provements not belonging TO the grantee here.
In, and sll rights necessary or proper TO the
occupation, possession and enjoyment Of the
same"
Publication Of notice must be made n on,v
one newspaper for the period OF GO days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 90 days must elapse between The
fret and last insertions.
Where the Register designates the daily issue
of q newspaper for publication OF notices Of
mining application for patent 1t is not . com
pltance with law to change to the weekly edi.
tion Of the same paper without authority Of
the Register.
The existence OF a salt spring on q tract OF
land withdrsws IL from the operation Of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character of such land Is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse aimznts must file . separate and
distinct claim against each application which
IT Is alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an sdverse claim, once filed,
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been filed 1t eau.
not be amended 80 as to embrace a larger per-
tion OF the premises than that described in the
original adverse claim.
An adverse clsim must be made out in
proper form and filed In the proper local office
during the period of publication Of the sppli-
cation for the patent to be effective.
1t 10 the duty of the adverse claimant o
commence suit in proper form within the re-
CURED time, and II he trusts The Uncertain
medium Of the United States mail no must
abide the consequences. should the delsy
ensue, through misfortune or accident. Should
the failure to NJ suit be the result OF
the cor fupt or dishonest action of his attorney.
tho Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions Of law, without stating the
facts specially, will not be considered In evil
dence.
An adverse claimant should show q compile
ance with the local laws IN recording his claim
and in regard to Expenditures. and shall hle Q
copy of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to a suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is Of little. II any value. for Agri-
cultural purposes, but is essential to the
proper development OF mining claims, 1t
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be cancelled AZ any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such vAlaable dc.
posts.
Where valuable deposits of mineral are dis.
covered upon n tract sitter tho SAINT ,as been
en- tered as agricultural, but before l Jtent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled to
that portion Of the land embraced by said
, mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
foreigner may make a mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not a citizen before disposing of bis
claim must be afirmatively shown.
Locstors and intermediate owners. other
than applicants, will not be presumed aliens,
in the absence Of allegation or objection prior
to issuance Of patent.
The portion OF q mining claim sold TO IN
alien cannot be patented while suoh owner u
an alien; but on his declsrationi o become .
a citizen his right dates back to his purchase,
aud he may thereupon secure United ssa'o'
I patent for his claim.
CROSS LEDoKs.
Revised Statutes. Section 1886: !.
Where two or more led ges cross or interseos
each other, priority Of title shall govern, Ano
such prior location shall be entitled to ali ore
or mineral contAined within the space OF inter.
section. but the subsequent location shall nave
the right OF way through the space OF inter
section for the purpose Of the convenien,
working OF the mine. And where two or rlol,
veins unite the oldest OF prior location shaI
take the vein below the point OF unfon' IN
Guiding all the space of intersection.
TUNNELS.
There is no authority of law Tor . tunne
| location q 000 nv I gn0 faat A proper lOCAtlOk